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STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. GRAND DESIGN
RV, LLC, Respondent. |
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AGREED
ORDER
Complainant
and Respondent desire to settle and compromise this action without hearing or
adjudication of any issue of fact or law, and consent to the entry of the
following Findings of Fact and Order.
Pursuant to IC 13-30-3-3, entry into the terms of this Agreed Order does
not constitute an admission of any violation contained herein. Respondent's entry into this Agreed Order
shall not constitute a waiver of any defense, legal or equitable, which
Respondent may have in any future administrative or judicial proceeding, except
a proceeding to enforce this order.
I. FINDINGS OF FACT
1.
Complainant is the Commissioner (“Complainant”)
of the Indiana Department of Environmental Management (“IDEM”), a department of
the State of Indiana created by Indiana Code (“IC”) 13-13-1-1.
2.
Respondent is Grand Design RV, LLC (“Respondent”),
which owns and operates a travel trailer and camper manufacturing facility with
Plant I.D. No. 039-00747, located at 11333 County Road 2 in Middlebury, Elkhart
County, Indiana (“Site”).
3.
IDEM has jurisdiction over the parties and the
subject matter of this action.
4.
Pursuant to IC 13-30-3-3, IDEM issued a Notice
of Violation (“NOV”) via Certified Mail to:
Donald Clark
President and Registered Agent
Grand Design RV, LLC
11333 County Rd. 2
Middlebury, IN 46540
5.
During an investigation conducted by a
representative of IDEM, the following violations were found:
a. Pursuant to permit condition D.1.3 of
Title V Permit 039-39147-00747, the VOC input to RV coating line RV-6 Line 1
shall be less than twenty-five (25) tons per twelve (12) consecutive month
period.
The VOC input to RV coating line RV-6 Line 1 exceeded twenty-five (25) tons per
twelve (12) consecutive month period for the months of December 2017, and
January, February and March 2018, in violation of permit condition D.1.3 of Title
V Permit 039-39147-00747.
b. Pursuant to permit conditions D.1.8 and
D.1.9 of Title V Permit 039-39147-00747, Respondent shall perform and maintain
records of baghouse inspections each calendar quarter.
Respondent failed to perform and
maintain records of baghouse inspections each calendar quarter, in violation of
permit conditions D.1.8 and D.1.9 of Title V Permit 039-39147-00747.
c. Pursuant to permit condition D.1.1 of
FESOP Permit 039-37817-00747, the total source VOC input shall not exceed
ninety-eight (98.0) tons per twelve (12) consecutive month period.
The total source VOC input exceeded
ninety-eight (98.0) tons per twelve (12) consecutive month period for the month
of November 2017, in violation of permit condition D.1.1 of FESOP Permit
039-37817-00747.
6.
Orders of the Commissioner are subject to
administrative review by the Office of Environmental Adjudication under 4-21.5;
however, in recognition of the settlement reached, Respondent acknowledges
notice of this right and waives any right to administrative or judicial review
of this Agreed Order.
II. ORDER
1.
This Agreed Order shall be effective
(“Effective Date”) when it is approved by Complainant or Complainant’s
delegate, and has been received by Respondent.
This Agreed Order shall have no force or effect until the Effective
Date.
2.
Respondent shall comply with Part 70 Permit 039-40154-00747
unless superseded by a permit revision or renewal.
3.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
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Andrew Taylor, Enforcement Case Manager |
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Office of Air Quality |
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Indiana Department of Environmental
Management |
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100 North Senate Avenue |
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Indianapolis, IN 46204-2251 |
4.
Pursuant to IC 13-30-4-1, Respondent is
assessed and agrees to pay a civil penalty of Nineteen Thousand Nine Hundred
Fifty Dollars ($19,950). Said penalty amount shall be due and
payable to the Environmental Management Special Fund within thirty (30) days of
the Effective Date; the 30th day being the “Due Date”.
5.
Civil and stipulated penalties are payable by
check to the “Environmental Management Special Fund.” Checks shall include the Case Number of this
action and shall be mailed to:
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Indiana
Department of Environmental Management |
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Accounts
Receivable IGCN,
Rm 1340 |
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100
North Senate Avenue |
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Indianapolis,
IN 46204 |
6.
In the event that the monies due to IDEM
pursuant to this Agreed Order are not paid on or before their Due Date,
Respondent shall pay interest on the unpaid balance at the rate established by
IC 24-4.6-1. The interest shall be
computed as having accrued from the Due Date until the date that Respondent
pays any unpaid balance. Such interest
shall be payable to the Environmental Management Special Fund, and shall be
payable to IDEM in the manner specified in Paragraph 5, above.
7.
Signatories to this Agreed Order certify that
they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
8.
This Agreed Order shall apply to and be binding
upon Respondent and all successors and assigns. Respondent shall provide a copy of this Agreed
Order, if in force, to any subsequent owners, successors, or assigns before
ownership rights are transferred.
9.
No change in ownership, corporate, or partnership
status of Respondent shall in any way alter the Respondent’s status or
responsibilities under this Agreed Order.
10.
Respondent shall ensure that all contractors,
firms, and other persons performing work under this Agreed Order comply with
the terms of this Agreed Order.
11.
In the event that any terms of this Agreed
Order are found to be invalid, the remaining terms shall remain in full force
and effect and shall be construed and enforced as if this Agreed Order did not
contain the invalid terms.
12.
This Agreed Order is not and shall not be
interpreted to be a permit or a modification of an existing permit. This Agreed Order, and IDEM’s review or
approval of any submittal made by Respondent pursuant to this Agreed Order,
shall not in any way relieve Respondent of its obligation to comply with the
requirements of its applicable permit or any applicable Federal or State law or
regulation.
13.
Complainant does not, by its approval of this
Agreed Order, warrant or aver in any manner that Respondent’s compliance with
any aspect of this Agreed Order will result in compliance with the provisions
of any permit, order, or any applicable Federal or State law or
regulation. Additionally, IDEM or anyone
acting on its behalf shall not be held liable for any costs or penalties
Respondent may incur as a result of Respondent’s efforts to comply with this
Agreed Order.
14.
Nothing in this Agreed Order shall prevent or
limit IDEM’s rights to obtain penalties or injunctive relief under any
applicable Federal or State law or regulation, except that IDEM may not, and
hereby waives its right to, seek additional civil penalties for the same
violations specified in the NOV.
15.
Nothing in this Agreed Order shall prevent IDEM
or anyone acting on its behalf from communicating with the U.S. Environmental
Protection Agency (“U.S. EPA”) or any other agency or entity about any matters
relating to this enforcement action.
IDEM or anyone acting on its behalf shall not be held liable for any
costs or penalties Respondent may incur as a result of such communications with
the EPA or any other agency or entity.
16.
This Agreed Order shall remain in effect until Respondent
has complied with all terms and conditions of this Agreed Order and IDEM has
issued a Resolution of Case letter to Respondent.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
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Grand Design RV, LLC |
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David
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Enforcement
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Office
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COUNSEL
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Date: |
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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DAY OF |
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2019. |
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For
the Commissioner |
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Signed
on November 20, 2019 |
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Matthew
Stuckey, Deputy Assistant Commissioner |
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Office
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Indiana
Department of Environmental Management |
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